How does the USPTO define an abandoned patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims MPEP 203 - Status of Applications Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Notice Content Form, patent issuance